1Amending the act of December 22, 1983 (P.L.306, No.84), entitled
2"An act providing for the State Board of Vehicle
3Manufacturers, Dealers and Salespersons; and providing
4penalties," defining "out-of-State recreational vehicle
5dealer"; further defining "recreational vehicle show"; and
6further providing for grounds for disciplinary proceedings
7and for requirements for out-of-State recreational vehicle
8dealers for recreational vehicle shows, recreational vehicle
9off-premise sales, recreational exhibitions and recreational
10vehicle rallies.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. The definition of "recreational vehicle show" in
14section 2 of the act of December 22, 1983 (P.L.306, No.84),
15known as the Board of Vehicles Act, added October 8, 2008
16(P.L.1086, No.90), is amended <-and the section is amended by 
17adding a definition to read:

18Section 2. Definitions.

19The following words and phrases when used in this act shall
20have the meanings given to them in this section unless the
21context clearly indicates otherwise:

1* * *

<-2"Out-of-State recreational vehicle dealer." A new or used
3recreational vehicle dealer who is licensed in another state or
4jurisdiction contiguous to this Commonwealth, or is domiciled in
5another state or jurisdiction contiguous to this Commonwealth
6that does not require licensure and can demonstrate, upon
7direction of or investigation by the board or its agents, that
8at least four of the following activities have been engaged in
9within the state or jurisdiction contiguous to this Commonwealth
10where the dealer is licensed or domiciled at its facility:

11(1) Accepting delivery of new recreational vehicles from
12the recreational vehicle dealer's manufacturer for which the
13recreational vehicle dealer possesses an agreement with the
14manufacturer to sell its new recreational vehicles.

15(2) Maintaining inventory and offering for sale to the
16public recreational vehicles.

17(3) Consummating and finalizing recreational vehicle
18sales.

19(4) Servicing or repairing recreational vehicles.

20(5) Delivering recreational vehicles to purchasers with
21recreational vehicle titling, registrations issued and taxes
22collected and paid to the dealer's appropriate home state
23agencies.

24* * *

25"Recreational vehicle show," "recreational vehicle off-
26premise sale," "recreational vehicle exhibition" or
27"recreational vehicle rally." A sale, show, exhibition or
28rally, held by one or more recreational vehicle dealers,
29distributors, manufacturers or manufacturers' representatives
30who display, sell or attempt to sell recreational vehicles for a

1fixed and limited period of time, which shall not exceed ten
2days in a [30-day period] calendar month, 20 days in [a 90-day
3period] three consecutive calendar months and 60 days in a [365-
4day period] calendar year. Set-up and tear-down days and days
5when the events are not open shall be excluded from the
6calculation of the applicable time period.

7* * *

8Section 2. Section 19(39) of the act, added October 8, 2008
9(P.L.1086, No.90), is amended and the section is amended by
10adding a paragraph to read:

11Section 19. Grounds for disciplinary proceedings.

12In addition to any criminal or civil penalties otherwise
13provided in this act, the board shall have the power to formally
14reprimand, suspend or revoke any license or refuse to issue or
15renew any license of an applicant or licensee or a person
16required to be licensed under this act, if after due notice of
17and hearing, the person charged is found in violation of or
18fails to carry out the acts and procedures set forth in this act
19or is found guilty of committing or attempting to commit any of
20the acts set forth in section 23 or any of the following acts:

21* * *

22(39) Being [a] an out-of-State recreational vehicle
23dealer [from another state or jurisdiction<-] who, while
24buying, selling, titling, registering, financing or
25exchanging recreational vehicles in this Commonwealth,
26violates a Pennsylvania law or regulation or a law or
27regulation of the state or jurisdiction of licensure or the
28state or jurisdiction of domicile regarding the buying,
29selling, titling, registering, financing or exchanging of
30recreational vehicles.

1(40) Being an out-of-State recreational vehicle dealer
2who fails to demonstrate, upon direction of or investigation
3by the board or its agents, that <-at least four of the
4following activities have been engaged in within the state or
5jurisdiction contiguous to this Commonwealth where the dealer
6is licensed or domiciled at its facility:

7(i) Accepting delivery of new recreational vehicles
8from the recreational vehicle dealer's manufacturer for
9which the recreational vehicle dealer possesses an
10agreement with the manufacturer to sell its new
11recreational vehicles.

12(ii) Maintaining inventory and offering for sale to
13the public recreational vehicles.

14(iii) Consummating and finalizing recreational
15vehicle sales.

16(iv) Servicing or repairing recreational vehicles.

17(v) Delivering recreational vehicles to purchasers
18with recreational vehicle titling, registrations issued
19and taxes collected and paid to the dealer's appropriate
20home state agencies. <-the out-of-State recreational
21vehicle dealer satisfies the provisions of section
2232.1(c) regarding participation in this Commonwealth in a
23recreational vehicle show, recreational vehicle off-
24premise sale, recreational vehicle exhibition or
25recreational vehicle rally.

26Section 3. Section 32.1(c) of the act, added October 8, 2008
27(P.L.1086, No.90), is amended to read:

28Section 32.1. Recreational vehicle shows, recreational vehicle
29off-premise sales, recreational vehicle exhibitions
30and recreational vehicle rallies.

1* * *

2(c) Out-of-State recreational vehicle dealers.--[A] An out-
3of-State recreational vehicle dealer <-[licensed in another state
4or jurisdiction or domiciled in another state or jurisdiction
5that does not require licensure<-] shall register with the board
6on a form prescribed by the board before participating in this
7Commonwealth in a recreational vehicle show, recreational
8vehicle off-premise sale, recreational vehicle exhibition or
9recreational vehicle rally. The following apply:

10(1) Registration shall include all of the following:

11(i) Notification of the out-of-State recreational
12vehicle dealer's intent to participate in this
13Commonwealth in a recreational vehicle show, recreational
14vehicle off-premise sale, recreational vehicle exhibition
15or recreational vehicle rally.

16(ii) Agreement to comply with all Federal and State
17laws and regulations relating to the buying, selling,
18exchanging, titling, registration or financing of
19recreational vehicles.

20(iii) Agreement by the out-of-State recreational
21vehicle dealer to submit to the jurisdiction of the
22Commonwealth for purposes of disciplinary action of
23imposition of a civil or criminal penalty or assessment
24under subsection (b) resulting from a violation under
25subparagraph (ii).

26(iv) Evidence of the posting of a bond under
27subsection (b).

28(v) Payment of a participation fee.

29(vi) A list of all individuals engaged as sales
30people for the out-of-State recreational vehicle dealer

1while operating in this Commonwealth.

2(2) If the board has taken action within the last five
3years to sanction an out-of-State recreational vehicle
4dealer, the board may:

5(i) refuse to accept the registration and
6participation fee of the out-of-State recreational
7vehicle dealer permanently or for a fixed period; and

8(ii) order that the out-of-State recreational 
9vehicle dealer be denied access to all recreational
10vehicle shows, recreational vehicle off-premise sales,
11recreational vehicle exhibitions and recreational vehicle
12rallies in this Commonwealth.

13(3) [A] An out-of-State recreational vehicle dealer
<-14[licensed in another state or jurisdiction or domiciled in a
15state or jurisdiction that does not require licensure<-] may
16participate in this Commonwealth in a recreational vehicle
17show, recreational vehicle off-premise sale, recreational
18vehicle exhibition or recreational vehicle rally under the
19circumstances set forth either in subparagraph (i) or (ii):

20(i) When the show, sale, exhibition or rally has
21less than a total of 50 recreational vehicle dealers
22participating with permission of the dealer's licensed
23manufacturer and meets all of the following requirements:

24(A) A minimum of ten recreational vehicle
25dealers at the show are licensed in this
26Commonwealth.

27(B) More than 50% of the participating
28recreational vehicle dealers are licensed in this
29Commonwealth.

30(C) The state in which the out-of-State
 

1recreational vehicle dealer is licensed is contiguous
2to this Commonwealth and permits recreational vehicle
3dealers licensed in this Commonwealth to participate
4in recreational vehicle shows in that state under
5conditions substantially equivalent to the conditions
6imposed upon dealers from that state to participate
7in recreational vehicle shows in this Commonwealth.

8(ii) When the recreational vehicle show, sale,
9exhibition or rally opens to the public, it has a total
10of at least 50 recreational vehicle dealers from this
11Commonwealth and from another state participating with
12permission of the dealer's licensed manufacturer and
13meets all of the following requirements:

14(A) The show, sale, exhibition or rally is trade
15oriented and predominantly funded by recreational
16vehicle manufacturers.

17(B) All of the participating dealers who are not
18licensed in this Commonwealth are from a state
19contiguous to this Commonwealth which permits
20recreational vehicle dealers licensed in this
21Commonwealth to participate in recreational vehicle
22shows in that state under conditions substantially
23equivalent to the conditions imposed upon dealers
24from that state to participate in recreational
25vehicle shows in this Commonwealth.

26(4) The board shall report a violation of Pennsylvania
27law or regulation to the state or jurisdiction in which the
28out-of-State recreational vehicle dealer is licensed or
29domiciled.

30(5) Forms for out-of-State recreational vehicle dealers

1shall be published in the Pennsylvania Bulletin and shall be
2maintained on the board's Internet website.

3(6) The board may accept registration information and
4payment electronically.

<-5(7) An out-of-State recreational vehicle dealer may not
6participate in a recreational vehicle show, recreational
7vehicle off-premise sale, recreational vehicle exhibition or
8recreational vehicle rally in this Commonwealth, unless the
9out-of-State recreational vehicle dealer satisfies at least
10four of the listed activities at its facility in the
11contiguous state in which it is licensed or domiciled that
12does not require licensure:

13(i) Accepting delivery of new recreational vehicles
14from the recreational vehicle dealer's manufacturer for
15which the recreational vehicle dealer possesses an
16agreement with the manufacturer to sell its new
17recreational vehicles.

18(ii) Maintaining inventory and offering recreational
19vehicles for sale to the public.

20(iii) Consummating and finalizing recreational
21vehicle sales.

22(iv) Servicing or repairing recreational vehicles.

23(v) Delivering recreational vehicles to purchasers
24with recreational vehicle titling, registrations issued
25and taxes collected and paid to the dealer's appropriate
26home state agencies.

27Section 4. This act shall take effect immediately.